Douglas at once answered. He said that his obnoxious doctrine
only meant that the territorial legislature by the exercise of the
taxing power and other functions within the limits of the Constitution
could adopt unfriendly legislation which would practically drive
slavery out. The real demand of the South was for a congressional
slave code for the Territories. But no Northern man, whether Democrat
or Republican, would ever vote for such a code. The inhabitants
would protect slavery if they wanted it, if the climate were
such that they could not cultivate the soil without it. It was a
question of climate, of production, of self-interest, and not of
constitutional law. The slave owner had no higher rights than the
owner of liquor or inferior cattle, which the territorial legislature
could exclude. Under the doctrine of the Kansas-Nebraska act the
Territories had the right to pass such laws as they pleased, subject
only to the Constitution.
If their laws conflicted with that it was the business, not of
Congress, but of the Courts to decide their nullity. When Buchanan
accepted the nomination in 1856, he declared that the people of
a Territory, like those of a State, should decide for themselves
whether slavery should exist within its limits. He could not have
carried half the Democratic vote in any free State if the people had
not so understood him. "I intend to use language," he continued,
"which can be repeated in Chicago as well as in New Orleans, in
Charleston as well as in Boston. * * * No political creed is sound
or safe which cannot be proclaimed in the same sense wherever the
American Flag waves over American soil. If the North and the South
cannot come to a common ground on the slavery question the sooner
we know it the better. * * * I tell you, gentlemen of the South,
in all candor, I do not believe a Democratic candidate can ever carry
one Democratic State of the North on the platform that it is the
duty of the Federal Government to force the people of a Territory
to have slavery when they do not want it."
Davis, the leader of the Southern Democracy, answered him. He
reminded the Senate that Congress had no power to exclude slavery
from a Territory and the legislature had no power except that
given it by Congress. Hence it could not possibly have the power
to exclude it. Douglas could not claim more than this unless he
could illustrate the philosophical problem of getting more out of
a tub than it contained. Congress, having no power to prohibit
slavery, was bound to see that it was fully enjoyed.
"I agree with my colleague," he continued, "that we are not, with
our eyes open, to be cheated, and that we have no more respect for
that man who seeks to evade the performance of a constitutional
duty than for one who openly wars upon constitutional rights."
Public-domain text, read in full here on John Shaqi.
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